CITY OF POUGHKEEPSIE

RESTAURANT + RETAIL OUTDOOR EXPANSION GUIDEBOOK

“The City of Poughkeepsie’s Restaurant + Retail Outdoor Expansion Programhas been established to ensure businesses have the greatest ability tooperate successfully during the COVID-19 economic recovery.”

- Mayor Rob Rolison

Version 6.8.20

TABLE OF CONTENTS

SNAPSHOT OF THE 4 STEPS BUSINESSES MUST TAKE

RESTAURANT + RETAIL OUTDOOR EXPANSION PROGRAM

OVERVIEW

GENERAL REQUIREMENTS

OUTDOOR EXPANSION OPTIONS

PRIVATE OPEN SPACE

PRIVATE OFF-STREET PARKING

SIDEWALK CAFES

PARKLETS

TEMPORARY REMOVABLE MATERIAL INSPIRATION

FAQs

ATTACHMENT A: SAMPLE SITE SKETCH

ATTACHMENT B: NYS DEPARTMENT OF HEALTH

ATTACHMENT C: DUTCHESS COUNTY + STATE LIQUOR AUTHORITY

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Restaurant + Retail Outdoor Expansion

SNAPSHOT OF THE 4 STEPS YOU MUST TAKE

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Review Dutchess County + State Liquor Authority Guidelines

Affirm that you have reviewed and understand your

obligation to operate in accordance with NYS DOH

guidelines, and develop a Business Safety Plan to be retained on the premises of the business.

Review the City of Poughkeepsie Outdoor Expansion

General Requirements outlined in this guidebook

Submit the following if you wish to participate: Certification Form

Site Sketch (see samples in Attachment A)

SLA Licensee Certification Form (if applicable)

If you are expanding to a contiguous outdoor, open-air

area that is part of your existing premises, submit an

updated diagram within 5 business days of expanding

to the SLA at temporaryalterations@sla.ny.gov

*Note: If a business is expanding to municipal property,

the City will submit to SLA on behalf of the business

once all materials bulleted in step 3 above are completed by the business.

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Restaurant + Retail Outdoor Expansion

Overview

The County Executive's order waiving or suspending certain municipal

ordinances has allowed the City of Poughkeepsie to tailor our existing

sidewalk café ordinance to allow businesses to accommodate outdoor

dining while at the same time follow social distancing guidelines. The

current initiative entails leveraging available private and public outdoor

space, not typically permitted for business activity, to be used as

temporary expanded areas for restaurants and retail businesses while

maintaining public health and safety requirements.

Restaurants and retail establishments may temporarily expand dining

and retail services to certain outdoor areas of private and public

property, as described and regulated on the following pages, including;

CITY CERTIFICATION PROCESS:

To participate in the program, minimum safety requirements and design regulationsas described in this document must be met. It shall be the responsibility of thebusiness to ensure that these requirements are maintained at all times. The use ofany public property for outdoor dining, and the certification of the same, is at thediscretion of the building inspector, or his designee. The outdoor dining permit is alsosubject to ongoing review by the building inspector, or his designee, and anyviolations of the conditions as set forth in the certification, may subject the violatorto a fine or suspension or revocation of the permit

To receive certification, businesses must submit the following to Planning Director Natalie Quinn at nquinn@cityofpoughkeepsie.com :

Certification Request Form Site Sketch SLA Licensee Certification Form (if applicable)

1 private open space

2 private off-street parking

3 sidewalk cafes

4 parklets

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Restaurant + Retail Outdoor ExpansionGeneral Requirements

No heating, cooking or open flames are permitted in outdoor dining areas

Fire hydrants / fire lanes cannot be blocked – minimum 3 ft. distance

Heaters of any kind shall not be used

under tents or umbrellas

Smoking is strictly prohibited

Propane fueled patio heaters shall not be closer than 10 feet to any entrance or exit of any structure

The following requirements will be applicable to all restaurants and retail

businesses in the City of Poughkeepsie that utilize and Restaurant + Retail

Outdoor Expansion Program. Please note that these requirements are in

addition to those issued by New York State and Dutchess County outlinedin Attachment B + C

Total seating can not exceed 100% of existing occupancy

Outdoor seating must be closed after 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday

Implement contactless ordering and payment processes, if possible (NYS)

Provide easily accessible sanitizer for patrons and employees (NYS)

PHYSICAL REQUIREMENTS OPERATIONAL REQUIREMENTS

FIRE SAFETY GUIDELINES

All indoor and outdoor seating must be spaced at least six feet apart

No permanent structures may be affixed to the sidewalk or buildings

Exterior seating may be accompanied by awnings, umbrellas, and other temporary furnishings

Use of tents/temporary structures must meet safety guidelines outlined in the 2020 Fire Code of NYS and NFPA 701

Tents or temporary structures shall not be fully enclosed and must be open air

Safe pedestrian pathways between barrier walls must be provided

Appropriate lighting must be provided if operating outside of daytime hours

MAITENANCE REQUIREMENTS

Maintenance and cleaning shall be the responsibility of the business. The City is not responsible for any damages or loss of equipment 3

Restaurant + Retail Outdoor Expansion

Outdoor Expansion Options

Private Open Space Private Off-Street Parking

Sidewalk CafeCREDIT: Hudson River Housing, Inc., Mill House Brewing Company, Paul Hesse

Parklets

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Restaurants and retail

establishments with access

to private sidewalks or

open space may utilize

these areas for dining or

retail services, in

accordance with the

safety guidelines outlined

in this document, provided

consent of the landlord or

property owner is

obtained.

Restaurant + Retail Outdoor Expansion1 PRIVATE OPEN SPACE

Must abide by the general requirements on p.3 and all state

and local requirements referenced in Attachment B and

Attachment C

Movable barriers or other temporary materials shall be arranged

as to enclose the dining area, but shall not exceed a maximum

of 4 feet in height

Fences, planters, tables, and other temporary materials should

not be located within 5 feet of a driveway or a street intersection

Safe pedestrian pathways between barrier walls must be provided

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Private off-street parking spaces may be converted to outdoor dining

areas or retail space to expand the footprint of the business operation,

in accordance with the safety guidelines outlined in this document,

provided consent of the landlord or property owner is obtained.

Restaurant + Retail Outdoor Expansion2 PRIVATE OFF-STREET PARKING

Must abide by the general requirements on p.3 and all state

and local requirements referenced in Attachment B and

Attachment C

No parking for disabled persons may be utilized

Temporary barriers and fences shall not be greater than 4 feet in height

Fences, planters, tables, and other temporary materials should

not be located within 5 feet of a driveway or a street intersection

Food trucks are permitted to utilize private off-street parking spaces with consent of property owner or landlord

CREDIT: CNBC and The Herald New

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Operating restrictions and general requirements for sidewalk cafes per

Section 15-14 shall remain in effect and shall generally apply to all

private business operations including retail establishments.

Restaurant + Retail Outdoor Expansion3 SIDEWALK CAFE

CREDIT: @essiesrestaurantpk

Must abide by the general requirements on p.3 and all state and

local requirements referenced in Attachment B and Attachment C

The area to be used for a sidewalk cafe is limited to the business

frontage

The sidewalk abutting the property must not be less than 10 feet in width

There shall be a minimum clear distance of 6 feet, free of all obstructions, in order to allow for adequate and safe pedestrian

movements

Movable railings or planters may be arranged as to define the

dining area, but shall not be greater than 4 feet in height.

A clear, unoccupied space must be provided, not less than three

feet in width, in front of all entrances of the building

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Must abide by the general requirements on p.3 and all state and

local requirements referenced in Attachment B and Attachment C

Sturdy barriers must be arranged to delineate the dining area from the street

Any equipment or furniture placed within the parking space

cannot be placed closer than 2 ft from the edge of the adjacent

travel lane

May not use spaces designated for disabled parking

Businesses may temporarily expand dining and retail operations onto

on-street parking spaces (parklets) within the public right-of-way on City

roads, provided the applicable requirements outlined in this guidebook

can be met. Operating restrictions and general requirements for

sidewalk cafes per Section 15-14 shall apply to all parklets.

Restaurant + Retail Outdoor Expansion4 PARKLET

CREDIT: Open Norfolk;; Jason Whitman Getty Images

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Restaurant + Retail Outdoor Expansion

MOVABLE BARRIERS + TEMPORARY MATERIALS

CREDIT: CITY OF TAMPA’S LIFT UP LOCAL GUIDE

Temporary barrier and furniture materials, such as those depicted

below, can be utilized to better define boundaries of extended

business operations.

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FAQs

Q: Can I have live entertainment in my outdoor dining area?

A: No, concerts and other similar forms of live entertainment are not

yet permitted. Recorded music may be used in accordance with

your SLA license conditions and any municipal ordinance. Where in

conflict, the municipal ordinance shall govern

Q: What if my business already has outdoor dining space that

was approved on our site plan?

A: Existing legal outdoor dining spaces do not need to submit a

certification request to the city. However, you must abide by all NYS

Department of Health, State Liquor Authority, and Dutchess County

guidelines. Feel free to reach out to the City if you have questions

regarding those guidelines as they relate to outdoor dining space.

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Q: Do I have to take down my outdoor setup everyday at

closing?

A: No, for the duration of the program, temporary outdoor dining and

retail spaces (and the materials utilize to create them) may remain in

place. Business owners will be responsible for securing all materials

and keeping the space free of trash and other debris.

Q: Where can I get materials to create my temporary outdoor

space?

A: Businesses are responsible for purchasing or creating their own

temporary materials. However, the City may be able to lend or assist

businesses in securing materials such as jersey barriers or wood

pallets. Additionally, we recommend businesses reach out to the

Public Arts Commission to potentially coordinate with local artists to

create temporary barricades. Please email Natalie Quinn at

nquinn@cityofpoughkeepsie to inquire about these options.

APPENDIX A:SAMPLE SITE SKETCHES

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On April 26, 2020, Governor Cuomo announced a phased reopening for

the State of New York. Poughkeepsie and the Mid-Hudson Region are

slated to enter Phase 2 of the re-opening process on June 9, 2020.

During Phase 2, restaurants and retail businesses are permitted to open

outdoor spaces with seating for customers and displays, provided all

health and safety guidelines as outlined by New York Forward are met.

Pertaining specifically to the layout and operation of outdoor dining

space, NY Forward provides the following guidelines:

Tables must be spaced 6 feet apart, with a maximum of 10

individuals per table

All staff must wear face coverings

Customers must wear face coverings when not seated.

Businesses must abide by federal requirements, including but

not limited to minimum ADA standards

Access to indoor restroom(s) must be provided in a socially

distanced manner

Indoor dining is prohibited in Phase 2

Review the NYS Guidelines in full for additional requirements

regarding employee protocol, mandatory testing, cleaning, and

work station capacity requirements

Businesses must affirm that they have reviewed and understand thestate-issued industry guidelines, and that they will implement them.

Businesses must conspicuously post completed safety plans on site.The State has made available a business reopening safety plan

template to guide business owners and operators in developing plans

to protect against the spread of COVID-19.

Steps you must take:

APPENDIX B:NYS DEPARTMENT OF HEALTH GUIDANCE

Alcoholic Beverage ServiceNew York State Liquor Authority (SLA) will allow for the outdoor expansion

of premises, under the current establishment’s license, where food and

beverages may be consumed. This includes municipal-owned land (e.g.

sidewalks, streets, etc.) contiguous to a licensed establishment in

coordination with the local municipality.

Please review the SLA guidance document if you wish to spatially expand

your alcoholic beverage service. If your outdoor dining area is proposed

on municipal property you must submit the provided form to the City

along with your Outdoor Expansion Certification Request form and sitesketch.

In light of the state’s inclusion of expanded outdoor space for dining in Phase

II, which is expected begin on Tuesday, June 9th, Dutchess County Executive

Molinaro has release the following guidance:

Dutchess County Government continues to provide residents the most

current information on its COVID-19 Community Impact Dashboard, as well

as guidance on its website, dutchessny.gov/coronavirus, its Coronavirus

hotline, (845) 486-3555, and its Facebook and Twitter accounts.

APPENDIX C:DUTCHESS COUNTY + STATE LIQUOR AUTHORITY

Food and/or beverage must be consumed in outdoor, open-air

areas, without a fixed roof (besides a temporary or seasonal awning

or cover).

Food and/or beverage must be consumed while seated at a table,

bar, counter, or similar contrivance.

All tables must be 6 feet apart; any seat at bar, counter, or similar

must be 6 feet apart.

All staff of the licensed business must wear face masks at all times.

All customers must wear face masks at any time they are not

seated.

Any consumption shall be subject to all other relevant executive

orders, guidances promulgated by the Department of Health,

and/or any other relevant agency guidance.